Scottish Executive

Air Services

Mrs Margaret Smith (Edinburgh West) (LD): To ask the Scottish Executive when it will make an announcement on the proposed Edinburgh Airport rail link and what investment it will make in the project.

Lewis Macdonald: An announcement on the way forward will follow receipt by the Executive of Sinclair Knight Merz’ final report on rail links to Glasgow and Edinburgh airports, and consideration of its analysis and recommendations. The Executive expects to receive the study conclusions later this month.

Asylum Seekers

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive further to the answer to question S1W-32773 by Ms Margaret Curran on 7 January 2003, whether it would expect to be consulted by the Home Office regarding the siting of accommodation centres in Scotland under the Nationality, Immigration and Asylum Act 2002 before or after the decision on such siting has been taken.

Ms Margaret Curran: Section 40 (1) of the Nationality, Immigration and Asylum Act 2002 provides that the Home Secretary may not make arrangements for the provision of premises in Scotland for use as an accommodation centre unless he has consulted Scottish ministers.

Birds

Marilyn Livingstone (Kirkcaldy) (Lab): To ask the Scottish Executive what consideration has been given to any threat to local and migratory birds from reduction in availability of native cockles following unregulated harvesting by fishermen.

Allan Wilson: It is the policy of the Scottish Executive to ensure the protection and conservation of all wild birds in accordance with the requirements of the EC Council Directive 79/409/EEC on the Conservation of Wild Birds (the Birds Directive) and the Wildlife and Countryside Act 1981. In instances where a possible threat has been posed to local and migratory birds by the harvesting of cockles, the Executive has sought the advice of Scottish Natural Heritage (SNH), the Executive’s statutory nature conservation agency, on whether there is a scientific need to use legislative powers to conserve the interests of the birds.

Care of Elderly People

Robin Harper (Lothians) (Green): To ask the Scottish Executive what action it will take in respect of liability of care homes to water charges in light of the Court of Session decision in the case of Scottish Water  v Clydecare Ltd and when it will issue advice to the owners, operators and residents of such homes on the implications of the court's decision.

Robin Harper (Lothians) (Green): To ask the Scottish Executive what action it plans to take to respond to any increase in the number of care home closures following the impact of the Court of Session decision in the case of Scottish Water v Clydecare Ltd .

Robin Harper (Lothians) (Green): To ask the Scottish Executive when it will give an estimate of the impact on levels of bed-blocking of any reduction in the number of available care home places following the Court of Session decision in the case of Scottish Water v Clydecare Ltd .

Robin Harper (Lothians) (Green): To ask the Scottish Executive whether it will make an early announcement about distributing supplementary financial resources to local authorities in order to help them meet any additional costs of running care homes following the Court of Session decision in the case of Scottish Water v Clydecare Ltd .

Mr Frank McAveety: The Executive and local authorities presented the independent care sector with a substantial offer to uplift fee levels from 1 April 2003 at a meeting on 31 January. The offer honours our earlier commitment to meet the fee levels recommended by the National Review Group. An increase in real terms has been applied to the revenue element of existing care home costs to take account of various pressures, including water rates. The sector is considering the terms of the offer.

Care of Elderly People

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will measure the effectiveness of joint working arrangements between the NHS and social work departments on the delivery of care for the elderly.

Mr Frank McAveety: The effectiveness of joint working arrangements will be measured in a number of ways. At a strategic level, local partners will report progress through their local Health Plans and Community Care Plans.

  In terms of the Joint Future agenda, whose initial focus is largely on older people, we will analyse Local Partnership Agreements on implementing joint resourcing and joint management, and Action Plans for implementing Single Shared Assessment. We will also monitor partners’ Local Outcome Agreements in relation to all the service developments required by the Joint Future agenda.

  We are introducing joint performance indicators for the first time under the Joint Performance Information and Assessment Framework to gauge the impact of jointly delivered services on the quality of people’s lives.

  The anticipated positive outcomes for older people set out in Delayed Discharge Action Plans are also dependent on effective joint working, and the Executive monitors these plans closely.

  NHS Quality Improvement Scotland and the Social Work Services Inspectorate operate programmes of monitoring and inspection that explore the effectiveness of partnership arrangements.

  The Executive also has a research programme that evaluates key policies.

Europe

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to respond to the European Commission’s consultation document, WTO Members’ Requests to the EC and its Member States for Improved Market Access for Services , and, if so, what its response will be.

Iain Gray: The Scottish Executive will not be submitting a formal response to the European Commission’s consultation document. It will input to the UK position on the draft EC offer.

Fisheries

Alasdair Morgan (Galloway and Upper Nithsdale) (SNP): To ask the Scottish Executive who is responsible for investigating cases of alleged catching and keeping of signal crayfish without an appropriate licence.

Allan Wilson: Responsibility for licensing the keeping of signal crayfish rests with Scottish ministers. The relevant legislation, the Import of Live Fish (Scotland) Act 1978, makes provision for allegations of keeping without a licence to be investigated by an officer of the Customs and Excise, a police constable or a person authorised by Scottish ministers.

Flooding

Stewart Stevenson (Banff and Buchan) (SNP): To ask the Scottish Executive what involvement it has had in the agreement between Her Majesty's Government and insurers to continue flood-risk insurance cover to households across the UK and what implications there are for householders in Scotland.

Allan Wilson: Through our contacts with the Association of British Insurers (ABI) the Executive was kept informed of the development of the new principles and guidance relating to continuing flood risk cover for domestic properties and small businesses. These new principles were put in place by the ABI, on behalf of ABI members within the insurance industry, and are general industry guidance. These principles are not the subject of an agreement with Government.

  Guidance from the ABI states that it is the intention of ABI members that flood insurance for domestic properties and small businesses should continue to be available for as many customers as possible. The premiums charged and other terms and conditions - such as excesses - will reflect the actual risk of flooding, in the same way as for other insurable risks. However, changes to premiums and policy details are matters for policyholders and the insurance company concerned.

Flooding

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive, further to the answer to question S1W-31675 by Allan Wilson on 28 November 2002, whether it has now made any representations to the Association of British Insurers regarding the flood damage to domestic and business properties in Moray during the period 15 to 18 November 2002.

Allan Wilson: We continue to have meetings with the Association of British Insurers (ABI) on general insurance issues concerning flooding and have taken the opportunity offered by these meetings to raise the matter of the damage to properties by the floods in Moray. However, claims for damage to domestic and business properties from flooding in Moray (or elsewhere) or any consequent changes to premiums are a matter for policy holders and the insurance company concerned. Guidance from the ABI states that it is the intention of ABI members that flood insurance for domestic properties and small businesses should continue to be available for as many customers as possible. The premiums charged and other terms and conditions - such as excesses - will reflect the actual risk of flooding, in the same way as they do for other insurable risks.

Flooding

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive on how many occasions its officials have met members of Moray Council since November 2002 to discuss flood alleviation schemes; who attended each meeting, and whether any budget for such schemes has been set.

Allan Wilson: Officials from Moray Council’s Flood Alleviation Group met officials from the Environment and Rural Affairs Department’s Engineering Team on 21 January to inform them of progress on the options under consideration for several proposed flood alleviation schemes in Moray. While indicative costs of the options were outlined, budgets were not discussed as these are entirely a matter for Moray Council.

General Agreement on Trade in Services

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it will make representations to Her Majesty’s Government opposing any further moves towards liberalisation of education and culture services under the General Agreement on Trade in Services.

Iain Gray: The Scottish Executive is continuing to work closely with the Department of Trade and Industry and other UK Government Departments in respect of the current General Agreement on Trade in Services negotiations. The UK negotiates in the World Trade Organization as part of the European Community. The European Commission has now submitted to the Council and the European Parliament the EC draft offer. This does not propose commitments in the education or audio visual sectors. Their proposals will be discussed with the Scottish Executive as part of the Department of Trade and Industry’s assessment process.

General Agreement on Trade in Services

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-32594 by Iain Gray on 3 January 2003, whether it will submit a formal response to the Department of Trade and Industry’s (DTI) consultation exercise on all aspects of the current round of General Agreement on Trade in Services and whether it will publish any such response.

Iain Gray: The Scottish Executive was involved in the drafting of the DTI’s consultation document and will have the opportunity to input to the UK position on the draft EC offer. This position will take account of the consultation exercise.

Lifelong Learning

Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive when the new lifelong learning strategy will be published.

Iain Gray: Our interim response welcomed the Enterprise and Lifelong Learning Committee’s Report on their Inquiry into Lifelong Learning . When I spoke at the parliamentary debate on the report on 27 November 2002, I indicated that we would publish a strategy for lifelong learning early this year. That strategy, Life Through Learning; Learning Through Life , will be published today.

  It sets out the Executive’s strategy for lifelong learning and identifies our key goals. The committee’s findings have been taken into account in its development. A summary will also be published. My final response to the Enterprise and Lifelong Learning Committee’s Inquiry will be laid before Parliament tomorrow. Copies of these documents will be available in the Parliament’s Reference Centre. (Bib. numbers 26050, 26051 and 26052 respectively).

Ministerial Visits

Tricia Marwick (Mid Scotland and Fife) (SNP): To ask the Scottish Executive, further to the answer to question S1W-33139 by Patricia Ferguson on 29 January 2003, why information about the number of official ministerial visits to each parliamentary constituency is not held centrally.

Patricia Ferguson: There is no requirement and no perceived benefit in allocating resources for collecting and holding this information centrally.

Planning

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive when it will receive the findings of its Inquiry Reporters Unit on the proposed crematorium at Greenhall Park, High Blantyre.

Des McNulty: The reporter appointed to conduct the inquiry is presently considering the evidence led at the inquiry and the written submissions of the parties. Thereafter, the reporter will submit a detailed report with recommendations to Scottish ministers for their consideration. It is expected that a decision will issue late May or early June 2003.

Regulation of Care

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive into which category of care service, as set out in the draft statutory instrument attached as appendix A to The Regulation of Care (Scotland) Act 2001 – Regulation of Care Services by the Scottish Commission for the Regulation of Care: Proposals for Maximum Fees to be set by Scottish Ministers for 2003-04: Consultation Paper , organisations such as Crossroads would fall; what registration fees such bodies would pay, and whether such bodies would need to pay any annual continuing charge.

Mr Frank McAveety: It is for the Scottish Commission for the Regulation of Care (the Care Commission) to determine which of the definitions in the Regulation of Care (Scotland) Act 2001 apply to any particular service. The Care Commission will take into account the service's statement of function and purpose in making this decision. Maximum fees are set each year by Scottish ministers for each type of regulated service, for applications for initial registration or cancellation of registration; for the annual continuation of registration; for applications for variation or removal of a condition of registration, and for the issue of a new certificate of registration. Each year the Care Commission sets fees for each type of regulated service within these maxima. Not all of the services defined in the act are already regulated by the Care Commission - regulation is being phased in.

Scottish Environment Protection Agency

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what budget it has allocated to the Scottish Environment Protection Agency in each year since 1999-2000.

Allan Wilson: The Scottish Environment Protection Agency (SEPA) was allocated grant-in-aid of £18.6 million in 1999-2000, £17.3 million in 2000-01, £23.47 million in 2001-02 and £25.98 million in 2002-03. Under last year’s spending review settlement, SEPA has been allocated, subject to parliamentary approval, £29.16 million for 2003-04, £28.86 million for 2004-05 and £30.76 million for 2005-06.

Scottish Environment Protection Agency

Mrs Margaret Ewing (Moray) (SNP): To ask the Scottish Executive what the total number of (a) employees and (b) outside appointments of the Scottish Environment Protection Agency was at the most recent date for which figures are available.

Allan Wilson: The total number of employees of the Scottish Environment Protection Agency (SEPA) as at 31 December 2002 was 1,004. The total number of staff appointments to the agency filled by external appointment in 2002 was 198. Arrangements for recruitment and disposition of staff are operational matters for SEPA and detailed information is not held centrally.

Sewel Motions

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive,  further to the answer to question S1W-32797 by Patricia Ferguson on 21 January 2003, why it is its policy not to reveal whether it has taken legal advice.

Patricia Ferguson: The Code of Practice on Access to Scottish Executive Information indicates that certain categories of information are exempt from the commitment to provide information, including internal discussion and advice. This includes legal advice.